Posted by davidK/CA on 4/22/09 10:25am
Msg #285896

Backdating definition by some

A certain SS employee (not a Notary) thinks that a document signed a day later than the rest of the documents and now signed again in a different CA county can be notarized by the original notary using the original signing date because "it's the same person who signed the other documents that you notarized the day before".

Where do they get these ideas? Haven't they ever READ a CA Aknowledgement? Of course it's all about getting the assignment from the TC completed, and if the NSA puts their Notary Public Commission on the line and risks going to jail for falsifying a statement under oath why should they care?

In addition to registering and bonding every SS, perhaps we should add education in notarial law for SS employees.

Reply by Marian_in_CA on 4/22/09 10:59am
Msg #285903

That's one of the beauties of CA law, I think. For us, if they insist on asking us to do something ridiculous, I like to start sounding "copish" and say something like, "I get where you're coming from, but California law prohibits me from doing this.... Now that you are aware of this, you should also know that California Government code 8225 says that anyone who asks a CA notary to break the law is, in fact, breaking the law themselves. It is a criminal offense."

In this case it doesn't just sound like the request is restricted to back dating. You've not only got a different date but an entirely different venue.

Why should they care? because if after I inform them that they're breaking the law by just asking me to do something wrong... I have no problems reporting them if I can get their request in writing. And, in CA... we can report this to the Police. Not that local police are going to help much without you educating them first. It seems that nobody understands notary laws, even some notaries!

Reply by davidK/CA on 4/22/09 11:28am
Msg #285908

Believe me, if I had it in writing I would report it.

As it is, an unrecorded phone conversation would be nothing more than a "he said/she said" and therefore the SOS and law enforcement would be uninterested in pursuing the offense. That does not however forgive the offending instruction, it just allows it to happen again.

In some minds, expediency trumps the law. You just have to get those documents processed, and right or wrong doesn't matter.

Reply by Marian_in_CA on 4/22/09 5:09pm
Msg #285961

Expediency is great and all for these people, but most of them don't realize that we're public officials with a lot of risk and responsibility on our shoulders for what we do and while their actions might land their employer in trouble in court... our actions would be in us personally. No thanks. I'm not going jail or getting fined and losing my commission because a signing service employee might get yelled at by her boss over a $300 job.